1990.04.17_BAA_Minutes_RegularTOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT
PUBLIC HEARING - MINUTES
Tuesday, April 17, 1990 9:30 A.M.
Chairman Harold B. Cohen called this Public Hearing to order in Commis-
sion Chambers at 9:30 A.M.
Deputy Town Clerk Doris Trinley called the roll. Present were Chair-
man Cohen, Vice Chairman David Augenstein, Secretary Gilbert G. Lorenz,
Regular Members Reese E. James and Jane Rayner and Alternate Members
Robert F. Selby and A.G. Voress.
Also present were Building Official Heithaus, Town Attorney David K.
Friedman and members of the general public.
PETITION FOR VARIANCE NO. 3-90-41. SUBMITTED BY JAMES DRAGO FOR PROP-
ERTY LOCATED AT 4217 S. OCEAN BLVD., LOT 32E.
Chairman Cohen stated that a Workshop Meeting regarding this request
had been held on March 17, 1990, at which time Mr. Drago sought relief
from several sections of Code, i.e., frontyard and sideyard require-
ments, as well as roof height allowance. Not only had a physical in -
is spection been made by the members during this meeting, he continued,
but Mr. Drago had also been requested to amend his plans. In re-
submitting the Petition and amended plans on March 27, 1990, Chairman
Cohen said Mr. Drago asked for variances regarding frontyard setback
(35' from 40') and sideyard setbacks (12' from 20'); the request for
variance from roof height allowance was deleted.
Before discussion began, it was ascertained by the Chairman that proper
legal notices had been advertised regarding this Hearing and also that
the petitioner had met his obligation to notify property owners within
300' of the property in question.
James Drago was then sworn in and Chairman Cohen first questioned him
about a copy of an affadavit affirming that James Scoroposki was the
fee simple owner of the property located at 4217 S. Ocean Blvd, Lot
32E. Mr. Drago replied that the information was correct. He also re-
plied affirmatively to Mr. James' question about the title being so re-
corded.
Stating that he had revised the plans to conform as much as possible to
Code, Mr. Drago then related specific changes to the members. These
included eliminating living quarters in the basement area and showing
the seawall on the plans. He explained that the request for roof
height allowance had been deleted by placing mechanical and emergency
power equipment on the upper level, which is allowed according to
Code. Building Official Heithaus confirmed this statement.
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Board of Adjustment
Public Hearing - Minutes
April 17, 1990 Page 2 of 3
Concluding his presentation, Mr. Drago stated that he now only sought
relief from sideyard setbacks and frontyard setback. The frontyard
setback variance was sought, he said, because the property runs on a
slight angle.
Chairman Cohen questioned DNR approval regarding the seawall and Mr.
Heithaus replied that that department would be the final authority;
however, the Board could approve everything west of the CCCL and Mr.
Drago needed this approval before he could approach the DNR.
Mr. Drago then presented the members with an illustration of how the
proposed structure and the structure now being built immediately to the
south on Lot 31E would appear side -by -side. The houses, he said, are
similar in scope, but on different levels because of driveway posi-
tions. He added that he hoped to have the residence under construc-
tion on Lot 31E finished in a few months.
Mr. James re -opened the discussion regarding the peak of the roof being
6-1/2' above the maximum 30' height requirement. Mr. Heithaus stated
that the actual structure meets the 30' height; however, the Town Code
does allow mechanical equipment (emergency generator, elevator, air
conditioning), as well as chimneys, beyond the building height require-
ment and, therefore, no variance was required.
A discussion ensued regarding living space being deleted from the base-
ment area and Mr.James questioned if this area could be converted to
living space in the future. Both Mr. Drago and Mr. Heithaus agreed
that it could; however, Mr. Heithaus said it couldn't be done without
approval and Mr. Drago said that he personally would not be interested
in converting the space. Mr. Drago noted that the house is being built
on speculation and if some future owners wanted to convert the space,
then they will have to go through the approval procedure.
In response to Chairman Cohen's question, Mr. Drago replied that the
house would have approximately 8500 square feet. Mr. James asked when
Mr. Drago planned to start construction, should the variance be given,
and he said that he would like to start as soon as possible, hopefully
by June if the necessary financing could be arranged.
Mrs. Rayner, noting that most building that takes place in Town is done
on top of the dune, asked what the DNR's view was regarding a struc-
ture such as this, which is built into the dune. Mr. Drago replied
that in building the structure on Lot 31E, the dune had been totally
re -built with virgin beach sand, as well as replanted and irrigated,
and met with favorable DNR reaction. As far as the area of the house
which will be below the dune, Mr. Heithaus said that this will be con-
trolled by the sea wall.
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Board of Adjustment
Public Hearing - Minutes
April 17, 1990 Page 3 of 3
After some further discussion a MOTION was made by Mr. James/Mr. Augen-
stein that Petition for Variance No. 3-90-41 be approved as submitted,
to be effective for one (1) year, with the proviso that it apply to a
single family residence only. A roll call vote carried the MOTION
unanimously.
Chairman Cohen then announced that the Board would hold a Regular
Meeting on Tuesday, April 24, 1990 at 9:30 A.M.
There being no further business to come before the Board at this time,
the meeting was adjourned upon MOTION by Mr. James/Mr. Augenstein at
10:05 A.M.
ATTES
DATE:
40
APPROVE: L� ,
Harold B. Cohen,
David Augedst
1rman
�S x icy
, Vice Chairman
ilbe t G. Lorenz, S cretary
Reese E. James
,2.
ne Rayner